UK Employment Law

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Hey, Is it illegal for someone to be employed in an unadvertised…

Hey, Is it illegal for someone...
Hey,

Is it illegal for someone to be employed in an unadvertised temporary position and then be made permanent without going to competitive interview / advert?

I am concerned as in this particular situation the person employed had no previous experience or qualifications relating to that field and is currently in a personal relationship with their line manager.
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Answered in 4 minutes by:
7/8/2013
Jenny McKenzie
Category: UK Employment Law
Satisfied Customers: 6,475
Experience: 10 Years of experience in Employment Law and HR
Verified
Hello and welcome to Just Answer, perhaps surprisingly there is no legal requirement for a job to be competitively advertised. An employer is free, subject to discrimination laws, to employ who they want into a position, the fact that there is a relationship would not make the appointment unlawful.

It may be that another employee would feel aggrieved by this and potentially they could raise a grievance in the event that they feel that they may have been overlooked for a promotion but, in essence, unless they can show that it amounts to discrimination contrary to the Equality Act 2010, there will be little redress. Discrimination in this context is on the basis of a persons race, religion, pregnancy, sex, age, sexual orientation or disability.

If you think this may apply and want to know more about this please let me know.

If you have any follow on questions I will be happy to answer them. If I have answered your question I would be grateful if you would give my answer a positive rating. Thank you and all the best.
Jenny McKenzie
Category: UK Employment Law
Satisfied Customers: 6,475
Experience: 10 Years of experience in Employment Law and HR
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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